Rebus sic stantibus
As long as the circumstances remain unchanged
Rebus sic stantibus is a legal principle permitting the modification or termination of contracts in the event of unforeseen and fundamental changes in circumstances.
Rebus sic stantibus, Latin for “as matters now stand”, is a clause in contract law that permits the parties to modify or terminate an agreement where fundamental circumstances change that were not foreseeable at the time the contract was concluded and that render performance unreasonable.
The principle is relevant because it prevents parties from remaining indefinitely bound to an agreement that unforeseen events—such as an economic crisis or a natural disaster—have rendered impossible or disproportionately burdensome to perform. It operates as an exception to the principle of pacta sunt servanda.
In Dutch practice the courts apply the principle with restraint, typically in long-term contracts such as leases or supply agreements, and only where the changed circumstances are not attributable to the party seeking relief.
“The tenant invoked rebus sic stantibus to seek modification of the lease agreement following the unforeseen closure of its business due to government measures.”
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